Miguna sues State in citizenship legal tussle

Lawyer Miguna Miguna has sued the State for reinstatement of his passport and Kenyan citizenship in a case set to test separation of powers between the Judiciary and the Executive.

Even though Dr Miguna is in Canada, lawyers John Khaminwa and Nelson Havi filed the suit on his behalf. He has sued Interior secretary Fred Matiang’i, Immigration boss Gordon Kihalangwa, Inspector-General Joseph Boinnet and Directorate Criminal Investigations head George Kinoti.

He has also sued officers in charge of the Flying Squad police unit Said Kiprotich, the one commanding at Jomo Kenyatta International Airport and Attorney General Githu Muigai.

“The case relates to illegal and arbitrary revocation of Dr Miguna’s citizenship and the confiscation of his passport as well as the declaration that he is a prohibited immigrant,” said Dr Khaminwa.

The lawyer was deported on February 6 after being held incommunicado for five days without access to a lawyer or family members.

READ: Shock as Kenya ejects Nasa politician Miguna Miguna

He says his deportation to Canada was a total violation of constitutional, municipal and international law on citizenship and right to a fair administrative action and dignity.

In the case documents, Mr Havi claimed that Dr Miguna’s residence at 486 Meadows in Runda Estate was forcefully broken into by 34 heavily armed police officers using an explosive detonator on February 2.

Mr Havi also claimed that they have since learnt that the officers acted on personal instructions of the top police bosses in arresting and detaining him.

He says the police officers hurled insults at Dr Miguna, ransacked the house, destroyed property and did not show him any documentation granting them permission to enter into his premise.